|
State Lawyer Resources
US Lawyer Resources
|
Crimes and Criminal Procedure - 18 USC Section 925
Legal Research Home
> US Lawyer > Crimes and Criminal
Procedure > Crimes and Criminal Procedure - 18 USC Section 925
01/19/04
Sec. 925. Exceptions: Relief from disabilities
(a)(1) The provisions of this chapter, except for sections
922(d)(9) and 922(g)(9) and provisions relating to firearms subject
to the prohibitions of section 922(p), shall not apply with respect
to the transportation, shipment, receipt, possession, or
importation of any firearm or ammunition imported for, sold or
shipped to, or issued for the use of, the United States or any
department or agency thereof or any State or any department,
agency, or political subdivision thereof.
(2) The provisions of this chapter, except for provisions
relating to firearms subject to the prohibitions of section 922(p),
shall not apply with respect to (A) the shipment or receipt of
firearms or ammunition when sold or issued by the Secretary of the
Army pursuant to section 4308 of title 10 before the repeal of such
section by section 1624(a) of the Corporation for the Promotion of
Rifle Practice and Firearms Safety Act, and (B) the transportation
of any such firearm or ammunition carried out to enable a person,
who lawfully received such firearm or ammunition from the Secretary
of the Army, to engage in military training or in competitions.
(3) Unless otherwise prohibited by this chapter, except for
provisions relating to firearms subject to the prohibitions of
section 922(p), or any other Federal law, a licensed importer,
licensed manufacturer, or licensed dealer may ship to a member of
the United States Armed Forces on active duty outside the United
States or to clubs, recognized by the Department of Defense, whose
entire membership is composed of such members, and such members or
clubs may receive a firearm or ammunition determined by the
Attorney General to be generally recognized as particularly
suitable for sporting purposes and intended for the personal use of
such member or club.
(4) When established to the satisfaction of the Attorney General
to be consistent with the provisions of this chapter, except for
provisions relating to firearms subject to the prohibitions of
section 922(p), and other applicable Federal and State laws and
published ordinances, the Attorney General may authorize the
transportation, shipment, receipt, or importation into the United
States to the place of residence of any member of the United States
Armed Forces who is on active duty outside the United States (or
who has been on active duty outside the United States within the
sixty day period immediately preceding the transportation,
shipment, receipt, or importation), of any firearm or ammunition
which is (A) determined by the Attorney General to be generally
recognized as particularly suitable for sporting purposes, or
determined by the Department of Defense to be a type of firearm
normally classified as a war souvenir, and (B) intended for the
personal use of such member.
(5) For the purpose of paragraph (3) of this subsection, the term
"United States" means each of the several States and the District
of Columbia.
(b) A licensed importer, licensed manufacturer, licensed dealer,
or licensed collector who is indicted for a crime punishable by
imprisonment for a term exceeding one year, may, notwithstanding
any other provision of this chapter, continue operation pursuant to
his existing license (if prior to the expiration of the term of the
existing license timely application is made for a new license)
during the term of such indictment and until any conviction
pursuant to the indictment becomes final.
(c) A person who is prohibited from possessing, shipping,
transporting, or receiving firearms or ammunition may make
application to the Attorney General for relief from the
disabilities imposed by Federal laws with respect to the
acquisition, receipt, transfer, shipment, transportation, or
possession of firearms, and the Attorney General may grant such
relief if it is established to his satisfaction that the
circumstances regarding the disability, and the applicant's record
and reputation, are such that the applicant will not be likely to
act in a manner dangerous to public safety and that the granting of
the relief would not be contrary to the public interest. Any person
whose application for relief from disabilities is denied by the
Attorney General may file a petition with the United States
district court for the district in which he resides for a judicial
review of such denial. The court may in its discretion admit
additional evidence where failure to do so would result in a
miscarriage of justice. A licensed importer, licensed manufacturer,
licensed dealer, or licensed collector conducting operations under
this chapter, who makes application for relief from the
disabilities incurred under this chapter, shall not be barred by
such disability from further operations under his license pending
final action on an application for relief filed pursuant to this
section. Whenever the Attorney General grants relief to any person
pursuant to this section he shall promptly publish in the Federal
Register notice of such action, together with the reasons therefor.
(d) The Attorney General shall authorize a firearm or ammunition
to be imported or brought into the United States or any possession
thereof if the firearm or ammunition -
(1) is being imported or brought in for scientific or research
purposes, or is for use in connection with competition or
training pursuant to chapter 401 of title 10;
(2) is an unserviceable firearm, other than a machinegun as
defined in section 5845(b) of the Internal Revenue Code of 1986
(not readily restorable to firing condition), imported or brought
in as a curio or museum piece;
(3) is of a type that does not fall within the definition of a
firearm as defined in section 5845(a) of the Internal Revenue
Code of 1986 and is generally recognized as particularly suitable
for or readily adaptable to sporting purposes, excluding surplus
military firearms, except in any case where the Attorney General
has not authorized the importation of the firearm pursuant to
this paragraph, it shall be unlawful to import any frame,
receiver, or barrel of such firearm which would be prohibited if
assembled; or
(4) was previously taken out of the United States or a
possession by the person who is bringing in the firearm or
ammunition.
The Attorney General shall permit the conditional importation or
bringing in of a firearm or ammunition for examination and testing
in connection with the making of a determination as to whether the
importation or bringing in of such firearm or ammunition will be
allowed under this subsection.
(e) Notwithstanding any other provision of this title, the
Attorney General shall authorize the importation of, by any
licensed importer, the following:
(1) All rifles and shotguns listed as curios or relics by the
Attorney General pursuant to section 921(a)(13), and
(2) All handguns, listed as curios or relics by the Attorney
General pursuant to section 921(a)(13), provided that such
handguns are generally recognized as particularly suitable for or
readily adaptable to sporting purposes.
(f) The Attorney General shall not authorize, under subsection
(d), the importation of any firearm the importation of which is
prohibited by section 922(p).
AMENDMENT OF SECTION
Pub. L. 100-649, Sec. 2(f)(2)(C), (E), Nov. 10, 1988, 102 Stat.
3818, as amended by Pub. L. 105-277, div. A, Sec. 101(h) [title VI,
Sec. 649], Oct. 21, 1998, 112 Stat. 2681-480, 2681-528; Pub. L.
108-174, Sec. 1(1), (3), Dec. 9, 2003, 117 Stat. 2481, provided
that, effective 25 years after the 30th day beginning after Nov.
10, 1988, subsection (a) of this section is amended by striking
"and provisions relating to firearms subject to the prohibitions of
section 922(p)" in par. (1), striking ", except for provisions
relating to firearms subject to the prohibitions of section
922(p)," in par. (2), and striking "except for provisions relating
to firearms subject to the prohibitions of section 922(p)," in
pars. (3) and (4) and subsection (f) of this section is repealed.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-106 effective on the earlier of the date
on which the Secretary of the Army submits a certification in
accordance with section 5523 of [former] Title 36, Patriotic
Societies and Observances, or Oct. 1, 1996, see section 1624(c) of
Pub. L. 104-106, set out as a note under section 4316 of Title 10,
Armed Forces.
EFFECTIVE DATE OF 1988 AMENDMENT; SUNSET PROVISION
Amendment by section 2(c) of Pub. L. 100-649 effective 30th day
beginning after Nov. 10, 1988, and amendment by section 2(f)(2)(C),
(E) effective 25 years after such effective date, see section 2(f)
of Pub. L. 100-649, as amended, set out as a note under section 922
of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-308 applicable to any action, petition,
or appellate proceeding pending on May 19, 1986, see section 110(b)
of Pub. L. 99-308, set out as a note under section 921 of this
title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-573 effective 15th day after Oct. 30,
1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note
under section 1304 of Title 19, Customs Duties.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-618 effective Dec. 16, 1968, except
subsecs. (a)(1) and (d) effective Oct. 22, 1968, see section 105 of
Pub. L. 90-618, set out as a note under section 921 of this title.
Last modified: April 13, 2006 |
